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IN RE WORLDWIDE WHOLESALE LUMBER, INC.

Bankruptcy No. 06-01499-JW, Adversary No. 07-80008-JW.

378 B.R. 120 (2007)

In re, WORLDWIDE WHOLESALE LUMBER, INC., Debtor(s). Michelle L. Vieira, Plaintiff(s), v. AGM II, LLC, Lancelot Investor Fund, L.P. d/b/a Surge Capital, Defendant(s).

United States Bankruptcy Court, D. South Carolina.

August 2, 2007.

Attorney(s) appearing for the Case

Worldwide Wholesale Lumber, Inc., Mt. Pleasant, SC, Pro se.

Richard L. Tapp, Jr., Nexsen Pruet, LLC, Charleston, SC, Suzanne Taylor Graham Grigg, Nexsen Pruet Adams Kleemeier, LLC, Columbia, SC, for Plaintiff.

Charles Pelot Summerall, IV, Buist, Moore, Smythe & McGee, PA, Charleston, SC, John Robert Weiss, Duane Morris LLP, Chicago, IL, for Defendants.

ORDER

JOHN E. WAITES, Bankruptcy Judge.

This matter is before the Court upon the Motion of AGM II, LLC and Lancelot Investors Fund, L.P. ("Defendants") to dismiss Counts Two and Four of the Second Amended Complaint filed by Michelle L. Vieira, as Chapter 7 Trustee ("Trustee") for Worldwide Wholesale Lumber, Inc. ("Debtor"), pursuant to Fed.R.Civ.P. 12(11)(6) ("Motion"). The Trustee filed an Objection to the Motion. This Court has jurisdiction over this matter...

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